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DACA Rescission Partially Blocked

By: Angelita Chavez | January 10, 2018

By: Angelita Chavez-Halaka

February 15, 2018 UPDATE:  The scope of the Feb. 13 preliminary injunction issued in the Eastern District of New York is the same as the Jan. 9 preliminary injunction issued in the Northern District of California. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.

Jan. 13, 2018, Update:  Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.

On January 9, 2018, California District Court issued an order directing the Department of Homeland Security (DHS) to maintain the DACA program while litigation is pending.

What does it mean for current DACA holders?

Current DACA enrollees will be able to renew their status while the DACA case is pending, with the following exceptions:

  • No new DACA applications will be processed; and
  • No Advanced Parole (AP) will be available.

DACA renewal applications are done on a case-by-case basis using DHS’s exercise of discretion.   We expect DHS or USCIS to update their site contents on DACA.

If you are an applicant that missed the October 2017 deadline for renewal, please seek a legal professional for advice on your options in light of this court order.

Feel free to contact us for more information at We also encourage you to subscribe to our newsletter at, and to share this and other alerts with others who might benefit from its content.

Source: AILA Doc. No. 17091102 | Dated January 9, 2018

(See also, Regents of the University of California v. DHS (1/9/18))

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